IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2830/2015 Between:
Mr.M.Nagaraj S/o N.Muniachaar, Aged about 52 years, R/at No.18, 1st Cross, Sir. M.V.Nagar, Kalkere Main Road, Ramamurthy Nagar, Bengaluru – 560 016.
(By Sri.Ramachandra G.Bhat, Advocate) And:
Mr.R.Sridhar S/o Ramakrishna, Aged about 47 years, R/at No.103, H.Colony, Indira Nagar, 1st Stage, Masjid Road, Bengaluru – 560 038.
…Petitioner ...Respondent (By Sri.Jeevan.K and Sri.Shivaprasad, Advocates) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to set aside the order dated 28.04.2015 passed in C.C.No.13508/2013 and restore the same on the file of the XXIII ACMM, Bengaluru.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for the petitioner files a memo seeking to withdraw the petition. Memo reads as under:
“Above petition is filed challenging the order dismissing the complaint for default. It is observed that petition is not maintainable. Petitioner may kindly permitted to withdraw this petition with liberty to file criminal appeal by excluding the period of time spent before this Hon’ble Court, in the ends of justice.”
Memo is placed on record.
In view of the said memo, petition is dismissed as withdrawn. Liberty is reserved as prayed for.
Sd/- JUDGE UN